26-11-20 / Michael May — Corporate Insolvency & Bankruptcy
This was an application by general purpose and special purpose liquidators seeking judicial advice to the effect that they were justified in entering into a settlement deed that resolved certain litigation. The deed resolved a dispute between the two companies in liquidation (Octaviar Limited and Octaviar Administration Pty Ltd) and…
23-9-19 / Michael May — Corporate Insolvency & Bankruptcy
An application by liquidators for judicial advice to the effect that they were justified in rejecting a proof of debt based on the rule against double proof. Michael May (with J D McKenna QC) appeared on behalf of the applicants, instructed by K&L Gates. The judgment is available here.
Trenfield v HAG Import Corporation (Australia) Pty Ltd (No.2) [2018] QDC 129
6-7-18 / Anthony Messina, Michael May — Corporate Insolvency & Bankruptcy, Corporations
The plaintiffs obtained a judgment that was more favourable than a formal offer that had been made under the rules. The defendant sought to persuade the judge not to order indemnity costs on the basis that the plaintiffs’ pleaded case had been amended after the offer. His Honour found that…
Trenfield v HAG Import Corporation (Australia) Pty Ltd [2018] QDC 107
15-6-18 / Anthony Messina, Michael May — Contract, Corporate Insolvency & Bankruptcy, Corporations
Lineville Pty Ltd (in liquidation) as trustee sold goods supplied by H.A.G. Import Corpn. (Australia) Pty Ltd. The terms and conditions of sale granted HAG a security interest in Lineville’s inventory and proceeds. During the relation-back period, Lineville made various payments to HAG for goods it had supplied. Lineville’s liquidators…
Aklia Holdings Pty Ltd v The Carter Group Pty Ltd (in liq) [2017] QSC 75
10-5-17 / Roger Traves KC, Michael May — Commercial Equity, Corporate Insolvency & Bankruptcy, Corporations
Where the plaintiff and defendant by counterclaim argue that the claim for damages is a claim which can only be brought by the company by virtue of the Prudential principle - whether the defendants have no real prospect of succeeding on that part of the counterclaim. Roger Traves QC and…
